Patent Reform Act of 2007 to be passed in 2008?

The internet is abuzz with talk that the much-maligned Patent Reform Act of 2007 (H.R. 1908 & S. 1145) may be passed in some form this month. A draft version of the Senate Judiciary Committee's report on the bill was released earlier this week, and while it does not contain any revised provisions, it does […]

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USPTO to be closed December 24

In a press release today, the USPTO announced it will be closed on December 24. December 25 is, of course, a federal holiday, meaning the USPTO will be closed for four consecutive days. From the release: Any action or fee due on those days (or the preceding Saturday (December 22, 2007) or Sunday (December 23, […]

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USPTO releases 2007 annual report, Patent Reform Act to be considered in January?

The USPTO has released its 2007 Performance and Accountability Report. Here are a few highlights: Average time for first office action (patent): 25.3 months Average total application pendency (patent): 31.9 months Percent of patent applications filed electronically: 49.3% Average time for first office action (trademark): 2.9 months Average total application pendency (trademark): 15.1 months Percent […]

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Claim and continuation limit rules preliminarily enjoined

According to reports, enforcement of the USPTO's new claim and continuation limit rules has been enjoined. Judge James C. Cacheris issued the ruling from the bench after the hearing today on GlaxoSmithKline's motion for preliminary injunction. We'll have more as it develops, including any orders or decisions issued by the court. Update: More detail regarding […]

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AIPLA seeks leave to file amicus brief supporting Glaxo in its challenge to the new USPTO rules

Today the American Intellectual Property Law Association filed a motion for leave to file an brief as amicus curiae in support of Glaxo's motion for preliminary injunction to enjoin implementation of the USPTO's new claim and continuation limit rules. The proposed brief is specifically directed toward the irreparable harm that would result if the rules […]

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USPTO moves to strike former USPTO director’s declaration supporting Glaxo’s PI motion

On Friday, the USPTO filed a motion to strike the declaration of Harry F. Manbeck, Jr. in support of Glaxo's motion for a preliminary injunction barring implementation of the USPTO's new claim and continuation limit rules, claiming it constitutes improper expert testimony and impermissibly augments the administrative record in the case. Why is this interesting? […]

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No more first office actions for applications with 25+ claims? (updated 10/19)

As noted on Patently-O, it appears the USPTO has stopped issuing first office actions on the merits in applications that exceed the 5/25 claim limitations. An example: This news, combined with the fact that the new rules may be considered by USPTO management as their fix for the Office's examination woes, expect the Office to […]

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Proposed IDS rules challenged before Office of Management and Budget

Apparently the USPTO's recent forays into rulemaking are not winning friends and influencing people. The rules limiting claims and continuation applications are currently being challenged in court, and now a group of companies is challenging the proposed IDS rules before the Office of Management and Budget (OMB). The rules were submitted to the OMB back […]

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Glaxo’s preliminary injunction motion to be heard October 31, consolidated with earlier challenge

In orders yesterday in GlaxoSmithKline's effort to stop implementation of the new continuation and claim limit rules, the USPTO's request to continue the preliminary injunction hearing until October 31 was granted in order to give the Office more time to respond to the motion. Also, Glaxo's case was consolidated with an earlier case filed challenging […]

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Glaxo files motion for preliminary injunction and TRO to stop new rules, hearing on October 26?

On Monday, Glaxo filed a motion for preliminary injunction and temporary restraining order in its lawsuit seeking to prevent implementation of the new USPTO rules regarding claim and continuation limits. The court has set a hearing for October 26, which the USPTO has requested by extended to October 31 in order to give it the […]

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